GRAAFF-REINET NEWS - A special council meeting of the Dr Beyers Naudé Local Municipality on 20 December was postponed due to serious questions surrounding the legality of the item on the agenda.
Councillors were to consider a motion submitted to Speaker Cheslin Felix of the CSA by ANC councillors, Xolile Galada and Nathan Jacobs, to rescind Council's decision not to pay a Covid-19 allowance to municipal employees.
This decision was taken during a virtual council meeting on 10 December after Director of Corporate Services, Zoleka Kali, submitted relevant reports to council.
Lawfulness of motion
The lawfulness of their motion was disputed by DA Councillor Ewald Loock, who submitted letters regarding the issue to both the Speaker and National Treasury.
Loock contended that, in terms of section 26.5 of the municipality's Standing Rules of Order, a motion to rescind a decision of Council may not be entertained if it is submitted within three months of the decision being taken.
In addition, section 26.10 requires that any motion be submitted to the Municipal Manager, who must obtain technical input from the municipality's relevant department heads, if required, and consider whether the motion is ultra vires (beyond the power) in relation to existing legislation. This was not done.
Money is tight
Loock says the municipality is already severely financially constrained.
He says an agreement was reached with Eskom to write off millions owed by the municipality on condition that payment for the monthly usage will be kept up to date going forward.
This agreement formed part of a National Debt Relief Programme but, according to Loock, the municipality has not been able to adhere to it and therefore they are in the process of requesting National Treasury to support a request for an extension from Eskom in order to meet their obligations.
Loock is concerned that any ill-considered decision by Council may jeopardise negotiations.
The meeting was postponed to obtain a legal opinion.
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